Dáil debates

Thursday, 7 July 2022

Payment of Wages (Amendment) (Tips and Gratuities) Bill 2022 [Seanad]: Second Stage

 

4:25 pm

Photo of Emer HigginsEmer Higgins (Dublin Mid West, Fine Gael) | Oireachtas source

Before I was elected, there was a protest outside a restaurant a few hundred metres away from Leinster House. On a dark evening, workers came together to demand fairness and transparency when it came to their hard-earned tips. Since then, the hospitality industry has been through the wringer, enduring lockdown closures, shorter opening hours, and adapting to make even the unimaginable work - outdoor dining in December. The Government supported the industry and those workers the whole way through. Why? Because we know our hospitality sector is one of the most critical industries on the island and we value everyone who works in it. This support and the support of all of the schemes and grants worked. In September of last year, IBEC predicted 40,000 fewer jobs in the drinks and hospitality industry, but since then we have seen a dramatic recovery in the sector. Now we have the unforeseen challenge whereby pubs and restaurants cannot get enough staff.

During the pre-pandemic protest held just down the road from Leinster House, I remember that waiters and waitresses chanted "Cook your steak. Eat your chips. Give your staff their well-earned tips." Those chants will soon become law and could well bolster the attractiveness of careers and part-time jobs in the industry. When any of us sit down in a restaurant, hotel, or bar, we should know that our tips go to the people who serve us, help cook our food and make sure we have a good customer experience. That should happen regardless of whether we pay by cash, card or app.

Senator Regina Doherty provided great leadership on this issue when she was the Minister for Employment Affairs and Social Protection. I am pleased that the Minister of State and an Tánaiste built on that work to bring in this welcome law. It will make changes to the Payment of Wages Act so that tips can no longer be used to supplement pay. No one in this country should be earning below minimum wage. Establishments that use tips to make up minimum wages are operating dishonestly and duplicitously and doing a disservice to all of their servers, but not anymore. The Bill will also bring in a requirement that all establishments will have to display their tips policy publicly. That means fairness for workers and transparency for customers.

I have been both a worker and customer in the industry as I am sure many Members have been. Like so many, my first job was in my local pub. Having to work for tips that I earned helped me to come out of my shell, gain confidence and develop social skills as a teenager. Taking that opportunity and hard-earned cash away from students, waiters, waitresses and lounge people is just unfair. I am pleased that the Bill stands up for those workers who serve people as well as those working in kitchens.

We used to hear the phrase "Cash is king" a lot, but not so much anymore. Today, we are living in a "tap world" where everything can be paid for at the tap of a card, phone or even watch. For today's young people, virtual cash is king and that is why the Bill is so important. It will ensure that all tips come under the remit of the legislation, including those made through tapping. Many of us will be familiar with food delivery apps, such as Deliveroo or Just Eat, many of which offer the opportunity to leave a tip through the app, which can be handy if a person does not have cash and was a welcome development during the pandemic.

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